Ord. No. 04-95-1577ORDINANCE NO.4-95-1577
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MTAMT,FLORIDA,AMENDING ORDINANCE NO.15-94-
1564#CREATING SECTION 20-5.10 OF THE LAND DEVELOPMENT
CODE TO PROVIDE FOR ADMINISTRATIVE WAIVER APPROVAL
PROCEDURES,TO AUTHORIZE WAIVER OF LOT SIZE AND FRONTAGE
REQUIREMENTS;PROVIDINGFOR SEVERABILITY;PROVIDINGFOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,Ordinance No.15-95-1564 wasadoptedon October 4,
1994,creating Section 20-5.10 of the Land Development Code to
authorize administrative waiver approval procedures for certain
land development requirements;and,
WHEREAS,theland development requirements forwhich
administrative waivers are authorized did not include lot size and
frontage requirements;and,
WHEREAS,theMayorandtheCityCommissionfindthatitisin
the public interest to authorize administrative waivers for lot
sizeandfrontagerequirements.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MTAMT,FLORIDA:
Section 1.Ordinance No.15-94-1564,creatingSection20-
5.10of the Land Development Code,is amended toread:
20-5.10 ADMINISTRATIVE WAIVER APPROVALS
(A)Authority toGrant Administrative Waiver Approvals
(1)The City Managershallhavethe authority togrant
"non-use waiver"requests pursuant to the
guidelines,standards and limitations contained in
this section.
(2)A "non-use waiver"is defined to mean a
discretionary administrative action relaxing the
application of minimum lotsize(netarea),
frontagedimensionalrequirements,principal
building setbacks,buildingspacing,building
coverage,impervious coverage,parking
requirements,screen enclosure setbacks,swimming
poolsetbacks,whirlpool spasetbacks,canopy
carport setbacks,and accessory structure setbacks,
as contained within the Land Development Code which
havenorelationtoachangeinuseoftheproperty
or structure in question.
(B)Guidelines
In granting tha waiver and issuing tha permit,tha citv
Manager shall findt r—•x,
(1)Tha waiver will be in harmony with tha general
appearance and character oftha neighborhood and
the entire community.
(2)The waiver will not be injurious to tha area
involved or otherwise detrimental to the public
welfare.
(3)The proposed addition is designed and arranged on
the site ina manner that minimises aural and
vi2tt?i/4a*aet on the «*J«cent residences whileaffordingtheapplicantareasonableuseofthe
land*
(4)she waiver will be consistent with City of South
Miami'sComprehensive Plan*
(C)Standards
Notwithstanding any other provisions of this code,
(1)In the RS-1 (Estate Residential),the RS-2 (Semi-
Estate/Large Lot Residential),the RS-3 (Low
Density/Medium Lot Single-Family Residential),the
RT-f (Townhouae Residential),the RT-9 (Two-
Vamlly/Townhouse Residential),the RK-18 (Low
Density Multi^PamUy Residential),the RM-24
(Medium Density Multi-Family Residential)#upon
application duly made,the City Manager may approve
a request to reduce the required setbacks fox
principal buildings,a request to reduce the
required spacing between buildings,a request to
Increase maximum building coverage,or-a request to
Increase maximum impervious coverage from those
requirements specified in the Land Development
Code,providing that the request does not exceed
the following limitations
(a)No setback is reduced below 70 percent of that
normally required.
(b)Spacing requirements between buildings are not
reduced below 80 percent of that normally
required.
(c)Building coverage is not increased by more
than twenty (20)percent of that normally
permitted.
(d)Impervious ooverage isnot increased by more
than twenty (20)percent of that normally
permitted.
(e)Required lot frontage isnot reduced bymore
than 5 percent of that normally required,and
that in no case shall any lotbe created with
alotfrontageoflessthan50 feet,
(f)Required minimumnetlotarea (sq.ft.)isnot
reduced bymorethan10 percent ofthat
required under the dimensional requirements of
this code.
(2)In any district,upon application duly made,the
City Manager may approve a waiver request for the
reduction ofthe provision of required parking
spaces for any property designated as an historical
site pursuant to Section 20-5.17 ofthe Land
Development Code,providing that the waiver does
notreducethenumberofparkingspacesprovided
belowthirty (30)percent of that normally
required.Furthermore,the requirements of
Paragraph Dof this Section shell not apply to a
designated historical site.
(3)The City Manager may approve awaiver request to
reduce the setback requirements for screen
enclosures,tennis courts,swimming pools,
whirlpool spas,canopycarportsand accessory
structures,providingthatnosetbackisreduced
below70 percent ofthat normally required.
(P)Limitation
Waiver approvals shall be limited toa single request
which is applied toan individual lot,where suchlotis
located within an area where at least 75 percent of the
lots ina radius of .300 feet from the subject property
have already been developed.
(B)Review Procedures
(1)Application for a waiver request shall bemadeby
thefeeownerofthepropertyonaformprescribed
bythe Building,ZoningandCommunity Development
Department andshallbe submitted to the
Department.Theapplication shall includea
current survey and en accurately andfully
dimensioned site plan showing the existing
-structureson the property,the location of the
proposed construction,andthelocationanduseof
"*".'..'.•.',,,v._,w-lit'.^jwi-WTwnwiji."*•i ..i/"i..i —•...I"——i-
existing structuresontheadjacentpropertiesfrom
which the waiver is being requested.The
application shall include a letter of intent
explaining the reason and justification forthe
proposed construction and waiver request.The
application shallbe accompanied by:
(a)The written consent ofall the property owners
ofall adjacent or abutting lotstothe
subject property,and
(b)The written consentofallthe property owners
ofalllot(s)immediately acrossthestreet
fromthepropertyforsetbacksfacingpublic
rights -of-way.
(2)Uponreceiptoftheapplicationforawaiver,the
City Manager,priorto making hisdecision,shall
haveastaffmemberoftheDepartmentinspectthe
siteofthepropertyandthesurrounding properties
todeterminewhat impact,ifany,theproposed
construction will have on the area.The staff
membershallattempttopersonallycontactthe
residentsand/orownersoftheadjacentproperties
including the property or properties immediately
acrossalladjacent streets,forthepurposeof
collection additional information relevant to the
application.
(3)Upon receipt of all necessary information including
staff reports,theCityManagershallreviewthe
information and render his decision either
approving,modifying ordenyingtherequest.A
copy ofthedecisionshallbepublishedina
newspaper of general circulation.A waiver shall
notbe effective until fifteen (15)days afterthe
City Manager's decision is published ina newspaper
of general circulation.Acourtesy notice
containing the decision oftheCity Manager maybe
mailedto adjacent andabuttingproperty owners of
records,their tenants,ortheir agents,thatare
identifiedonthe application.Failuretomailor
receive such courtesy notice shall not affect any
action orproceedingstaken under thissection.
(4)In granting any waivers,the City Manager may
prescribe appropriate conditions and safeguards as
the City Manager may feel necessary to protect and
further the interests ofthe abutting properties,
the neighborhood area,or the entire community
which may include but not be limited to the
following:
(a)landscape materials,walls,and fences for
visual and acoustical buffering.
(b)modification of the orientation of proposed
openings in structures,and/or
(c)modification of the arrangement and location
of structures on the site.
(5)Granting ofan administrative waiver shall be
recorded in the official public records of Metro-
Dade County,by the applicant,a copy of which
shall be filed in the records of City of South
Miami's Building,Zoning &Community Development
Department.
(F)Appeals
(1)The applicant,or any aggrieved property owner in
the City of South Miami,may appeal decisions of
the City Manager to the City Commission under
Section 20-6.1 (E)of the Land Development Code.
An administrative appeal must be filed within 15
days following the publication of the City
Manager's decision.
(2)In the event that an appeal is filed by any
aggrieved property owner within the City of South
Miami,the City Manager may stop or suspend any
construction authorized by the waiver,until a
decision has been made on the appeal.In the event
the City Manager should determine that the
suspension of the construction could cause imminent
peril to life or property the City Manager may
permit the construction to continue upon such
conditions and limitations,including furnishing of
an appropriate bond,as may be deemed proper under
the circumstances.
Section 2.If any section,clause,sentence,or phrase of
this ordinance is for any reason held invalid or unconstitutional
bya court of competent jurisdiction,the holding shall not affect
the validity of the remaining portions of this ordinance.
Section 3.All ordinances or parts of ordinances in
conflict with the provisions ofthis ordinance are hereby repealed.
Section 4.This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 4th day of April,1995.
APPROVED:
ATTEST:
>
(X.
C%£%~Clerk'Rosemary Wascura
READ AND APPROVED AS TO FORM
City Attorney Earl Gallop
ndmnwaiv.ord
Mayor Nei
MAYOR CARVER
VICE MAYOR YOUNG
COMMISSIONER BASS YEA
COMMISSIONER COOPER YEA j/NAY
COMMISSIONER CUNNINGHAM YEA__£_NAY
/
H*kV NAY
r NAY
YEA r NAY
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission Date:March 29,1995
„„J.Agenda Item #n
From:Eddie Cox,Re:Revision to Admin.
City Manager Waiver Ordinance,
PB-95-003
REQUEST:
^SS01^*1013 °F THE MAY0R *****CITY COMMISSION OF THE CITY OF SOUTHMIAMI,FLORIDA,AMENDING ORDINANCE NO.15-94-1564,CREATING SECTION
^tot^^^t3^DEVELOPMENT CODE TO PROVIDE FOR ADMINISTRATIVE
^Z^~APPR0VhL PR0CEDURES,TO AUTHORIZE WAIVER OF LOT SIZE AND
^nSprf?^^8''PROVIDING FOR SEVERABILITY;PROVIDING FORORDINANCESINCONFLICT;AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND &ANALYSTS
The City Commission adopted an ordinance in October of 1994 which
amended the Land Development Code to establish a process for non-
use administrative waivers.Three administrative waivers have
5E2L*?aPPr.oved-The proposed ordinance adds frontage
sin??oi on ^f^/f??^8 to the definition of "non-use waive?"%5ES2-Sml2 (hJ(J\'adds mini*um lot size (net area)to thettl**\^'wand establlshes the standard that minimum lot size not
code m°re 10 percent of that otherwise required by
The Planning Board voted 4:1 to approve the ordinance,and voted
iectiona!?-IT?oa"ca)TITS?*°^*"^"l0t"aS f°ll0WS t0
^qUiued minimum net ^area (sq.ft.)is not reduced by
^•an 3°P®r°ent of tnat required under the dimensionalrequirementsofthiscode."
The Planning Board^s amendment provides clarification.The
»£ntUan£e Proposes minor but important improvements to the adopted
«H«t«t^ra^Ve wai.ver ordinance.Adding net lot area to the
^tHo^Ta^^e..WaiXer ordinanoe should serve to allow someresidentialinfilldevelopmentthatwouldotherwisebeprecluded.
RECOMMENDATION
Planning Board!6 °rdinance and of the amendment approved by the